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(영문) 서울북부지방법원 2014.05.02 2014노29

관세법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Although the defendant led to the confession and reflect of the crime of this case, the crime of this case is committed by the defendant in collusion with his accomplices, and imports, sells, and transfers counterfeit goods worth KRW 1.5 billion at the market price of the product of this case by infringing another's trademark right, and further concealing some of the profits earned from the sale of counterfeit goods, etc., which are not only planned and organized, but also the crime period and frequency, the quantity of counterfeit goods, and the amount of infringement of trademark rights, etc., which are not very high enough to commit the crime of this case. The defendant committed the crime of this case in this case even though he had the record of punishment several times for the same crime, and the defendant committed the crime of this case in addition, taking into account the various circumstances under Article 51 of the Criminal Act, including the motive for the crime of this case, character and conduct, environment, criminal records, family relations, circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable. Thus, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

However, the facts constituting an offense in the reasoning of the judgment of the court below

A. (1) The second part of paragraph (2) is obvious that the phrase “636 forged goods” is a clerical error, and thus, pursuant to Article 25 of the Regulation on Criminal Procedure, the said part is corrected to “36 forged goods.”

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